Re: Legalites on "using" a theme?
Posted: January 30, 2012, 09:47:00 PM
So long as there are recognizable differences from the copyrighted work, you MIGHT get away with it. I suspect that prominent place names in popular works would be trademarks, but (to use your example) Tattooine itself was probably 'inspired' by Arrakis (Dune), with the giant snake skeleton a nod to the sandworms of Arrakis. Ain't no copyright or trademark on the IDEA of a planet with very little surface water -- Mars, itself, would qualify, if rigged to generate atmosphere faster than it could dissipate into space (due to the half-gee gravity). But have a Tusken raider or Jawa show up, even under a different name, and you would get into sued-for-plagiarism territory. Have your characters running around with laser swords (my theory is that they are actually shaped magnetic fields holding superhot plasma... the alternative being that they are 'laser beams', but reflected back and forth within (again) a magnetic or other force field so the blade behaves somewhat as if it is solid) and you will face the Revenge of the LucasFilm (a horrible fate involving a weeks-long concert by the Ewoks with Jar Jar Binks as backup dancer).
Desert planet? Fine. Sandworms or Sandpeople? Not so fine. "Moisture vaporators" / "Moisture farming"? Asking for trouble.
This is my opinion, not to be considered as expert legal advice (i.e., if you do what I said and still get sued, I wasn't there, it wasn't me, and Jim got me drunk before he asked the question, so I plead diminished capacity (which, considering the pre-drinking starting point, would be like no capacity at all).
Desert planet? Fine. Sandworms or Sandpeople? Not so fine. "Moisture vaporators" / "Moisture farming"? Asking for trouble.
This is my opinion, not to be considered as expert legal advice (i.e., if you do what I said and still get sued, I wasn't there, it wasn't me, and Jim got me drunk before he asked the question, so I plead diminished capacity (which, considering the pre-drinking starting point, would be like no capacity at all).